DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pfizer (Perth) Pty Ltd
(AG2017/1057)

PFIZER (PERTH) AND NATIONAL UNION OF WORKERS PHARMACEUTICAL OPERATOR AGREEMENT 2016

Pharmaceutical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2017

Application for approval of the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pfizer (Perth) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers and the Shop, Distributive and Allied Employees’ Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 10 July 2017 and, in accordance with s.54, will operate from 17 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application by Pfizer (Perth) Pty Ltd for approval of a new enterprise agreement with the National Union of Workers. This agreement was aimed at setting out the terms and conditions of employment for pharmaceutical operators within Pfizer's Perth facility. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues that the court had to address centred on whether the proposed agreement met the 'better off overall test' (BOOT) and the 'no disbenefit test', both of which are statutory requirements under the Fair Work Act. Additionally, the court had to determine if the agreement was made in good faith and if it complied with the provisions of the Act, including provisions related to the disclosure of relevant information.

The court found that the agreement satisfied the better off overall test, as it provided employees with a number of benefits that outweighed any potential disadvantages. The court also found that the agreement did not result in any disbenefits to the employees, thus satisfying the no disbenefit test. Furthermore, the evidence presented demonstrated that the agreement had been made in good faith and complied with all relevant provisions of the Fair Work Act, including those related to the disclosure of information. Consequently, the court approved the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator Agreement 2016.

Pfizer (Perth) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established